National Security (Shipwrights' Trade Dilution) Regulations (Cth)

STATUTORY RULES.

1943. No. 281.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1943.

Dated this nineteenth day of November, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

———

National Security (Shipwrights’ Trade Dilution) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Shipwrights’ Trade Dilution) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Labour and National Service.

Objects.

3. The object of these Regulations is to ensure that there will be an adequate supply of persons to perform shipwrights’ work in order to meet the war-time needs of the shipbuilding and ship-repairing industries which have hitherto been met by the Federated Shipwrights and Ship Constructors Association of Australia under an arrangement (the principles of which are set out in the Schedule to these Regulations), and these Regulations shall be administered accordingly.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“added shipwright” means an adult person (not being a recognized shipwright) whose engagement or elevation to perform work ordinarily performed by a recognized shipwright is authorized by a Local Dilution Committee and includes a person who, by these Regulations, is deemed to be an added shipwright;

 

* Notified in the Commonwealth Gazette on 1943.

6903.—Price 5d. 9/12.11.1943.

 

“Committee” means a Committee established under these Regulations;

“employer” means any person who is bound by, or observes the terms of, the Shipwrights Award in respect of persons employed by him in shipbuilding or ship-repairing operations and includes the Crown (whether in right of the Commonwealth or of a State), and all instrumentalities and authorities of, or under, the Crown (whether in right of the Commonwealth or a State), when employing such persons;

“Local Dilution Committee” means a Local Dilution (Shipwrights’ Trade) Committee established under these Regulations;

“recognized shipwright” means a person who, before the 12th June, 1941, was employed as a shipwright in accordance with the provisions of the Shipwrights Award or who has qualified or qualifies by service as an apprentice for employment as a shipwright;

“Register” means a Register established and maintained in pursuance of these Regulations;

“Shipwrights Award” means the Award made by the Commonwealth Court of Conciliation and Arbitration on the 24th March, 1938, in respect of Dispute No. 136 of 1936, No. 160 of 1936, No. 164 of 1936 and No. 639 of 1937;

“the Central Dilution Committee” means the Central Dilution (Shipwrights’ Trade) Committee established under these Regulations;

“the Department” means the Department of Labour and National Service.

Application of Regulations.

5. These Regulations shall apply to such States as are specified by the Minister by notice published in the Gazette.

Control of dilution of labour.

6. All dilution of labour in the shipwrights’ trade shall be wholly controlled in pursuance of these Regulations.

Central Dilution Committee.

7.—(1.) There shall be a Central Dilution (Shipwrights’ Trade) Committee consisting of—

(a) a representative of the Minister who shall be the Chairman of the Committee;

(b) one representative of employers; and

(c) one representative of the Federated Shipwrights and Ship Constructors Association of Australia.

(2.) The members of the Committee shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

(3.) There shall be a Secretary to the Committee who shall be appointed by the Minister and shall attend all meetings of the Committee and take and maintain a record of all business transacted at such meetings.

(4.) The powers and functions of the Committee shall be as follows:—

(a) To determine and give directions on any matter referred to it by a Local Dilution Committee or the Chairman thereof;

 

(b) To direct and supervise Local Dilution Committees in the general procedure to be followed in the exercise of powers conferred on, or in the performance of the functions assigned to, those Committees by these Regulations;

(c) To advise the Minister as to the form of agreement to be signed by any person in accordance with the provisions of these Regulations;

(d) To advise the Minister as to the form of registers to be kept in accordance with these Regulations and the particulars to be entered therein; and

(e) To advise the Minister generally in regard to any action considered necessary to give effect to these Regulations.

(5.) The Chairman of the Committee shall convene meetings of the Committee as and when required and, in any event, within seven days after the date of receipt by him of an application therefor signed by a member of the Committee.

(6.) Any decision of the Committee on any matter within its powers and functions shall be final.

(7.) In considering any matter referred to in paragraph (a) of sub-regulation (4.) of this Regulation, the Committee may hear such evidence as it thinks fit.

(8.) The Central Dilution Committee may make rules, not inconsistent with these Regulations, in relation to the proceedings of that Committee or of any Local Dilution Committee.

Local Dilution Committees.

8.—(1.) There shall be a Local Dilution (Shipwrights’ Trade) Committee in each State to which these Regulations apply, consisting of—

(a) a representative of the Minister who shall be the Chairman of the Committee;

(b) one representative of employers; and

(c) one representative of the Federated Shipwrights and Ship Constructors Association of Australia.

(2.) The members of each Local Dilution Committee shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

(3.) There shall be a Secretary to each Local Dilution Committee who shall be appointed by the Minister and shall attend all meetings of the Committee and take and maintain a record of all business transacted at such meetings.

(4.) A Local Dilution Committee shall have power to determine any matter arising under these Regulations in the State in which it is established and, without limiting the generality of the foregoing, the Committee shall have power, in relation to that State—

(a) to determine whether any and what number of added shipwrights are to be allotted to any employer and whether that number is to be increased or decreased;

(b) to determine the added shipwrights whose names are to be removed from the Register in that State or who are to be suspended from employment; and

 

(c) to collaborate with and advise the Deputy Director-General of Man Power with regard to the allotment and transfer of persons to undertake shipwrights’ work.

(5.) The Chairman of a Local Dilution Committee may, and shall, upon the request of a member thereof, refer any matter within its powers and functions to the Central Dilution Committee for decision or direction.

Decision of questions before Committee.

9. All questions arising at any meeting of a Committee shall be decided by a majority of the votes of the members present at the meeting in person or by proxy.

Reference of matters by Committees for investigation and report.

10. A Committee may refer for investigation and report any matter within its powers and functions to such persons as it may appoint for that purpose.

Deputies of members of Committees.

11. Any member of a Committee may appoint a person to act as his deputy in the event of his absence from any meeting of the Committee from any cause, and the deputy shall, while so acting, have and exercise all the powers and functions of the member.

Dilution may be permitted by a Local Dilution Committee.

12. If a Local Dilution Committee is satisfied that sufficient recognized shipwrights are not available in the State in which it is established to supply the demand therefor in that State, the Committee may authorize the engagement or elevation of such number of suitable persons as it deems necessary to perform work ordinarily performed by a recognized shipwright.

Wages of added shipwrights.

13.—(1.) Every employer shall pay to any added shipwright employed by him not less than the wage prescribed by the appropriate industrial award, agreement, determination or regulation for the work on which he is employed.

(2.) Upon employing an added shipwright, every employer shall pay any shipwright apprentice serving him in the fifth year of service, so paid wages at the rate so prescribed for a shipwright, both for ordinary hours and for overtime.

(3.) Such apprentices shall be deemed to be tradesmen for the purpose of computing the number of apprentices who may be employed by an employer.

(4.) An employer may require any such apprentice to transfer as an apprentice to another employer who has undertaken to employ him as such in an establishment approved by a Local Dilution Committee, as suitable for the completion of the training of the apprentice.

Establishment and maintenance of Register.

14.—(1.) The Department shall establish and maintain a Register in each State and shall record therein the following particulars relating to added shipwrights in that State:—

(a) Their names and addresses;

(b) Their ages;

(c) The class of work for the performance of which they have been elevated or engaged;

(d) The names and addresses of their employers;

(e) Particulars of their transfers, dismissals, or other changes of employment; and

(f) Such other particulars as the Central Dilution Committee or a Local Dilution Committee from time to time determines.

 

(2.) Members of a Local Dilution Committee shall have access to the Register and related documents in the State in which the Committee is established and shall be entitled to make copies thereof or take extracts therefrom.

Added shipwright not to be accept employment as shipwright.

15.—(1.) An added shipwright whose name has been removed from a Register in pursuance of these Regulations shall not accept or continue in employment as a shipwright while his name is so removed and an employer shall not engage or continue to employ any such person as a shipwright.

(2.) An employer shall not engage or elevate any person (not being a recognized shipwright) to perform work ordinarily performed by a recognized shipwright unless he has first established to the satisfaction of a Local Dilution Committee that his production is prejudiced or his work is retarded by a shortage of recognized shipwrights and has obtained permission from that Committee so to do.

(3.) Every employer who seeks permission to engage or elevate a person to be, or who is employing a person as, an added shipwright shall—

(a) upon seeking such permission, furnish a Local Dilution Committee with particulars in writing of the name and address and age of that person and the occupation in which he is to be employed;

(b) furnish that Committee with such particulars relating to that person as it from time to time determines; and

(c) forthwith notify that Committee in writing of the transfer, dismissal or other change of employment of that person.

(4.) Every added shipwright shall, within seven days after the change, notify the Local Dilution Committee in writing of any change of address or employment.

Added shipwright not to be employed if recognized shipwright available.

16.—(1.) To the intent that all recognized shipwrights available and offering for employment who are competent to perform the work required shall be employed before any added shipwright is engaged or elevated, an employer shall not engage or elevate or continue to employ an added shipwright on work ordinarily performed by a recognized shipwright if a recognized shipwright who is competent to perform the work required, is available and offering for such employment.

(2.) When an employer reduces the number of his employees, he shall not, without the consent of a Local Dilution Committee, dismiss a recognized shipwright while any added shipwright is employed by him in the same establishment.

(3.) A recognized shipwright shall not be debarred from employment by reason only of his age or because he is suffering from a minor disability, if a Local Dilution Committee certifies that he is competent to perform the work required.

(4.) The last preceding sub-regulation shall not apply in relation to any undertaking or establishment in respect of which a pension scheme for its employees is in force unless a Local Dilution Committee directs that it shall so apply.

(5.) Every person employed as an added shipwright shall, within seven days after being required by a Local Dilution Committee so to do, enter into an agreement with the Commonwealth to abandon his

 

employment as an added shipwright if and when a recognized shipwright, who is declared by a Local Dilution Committee to be competent to perform the work required, is available and offering for such employment.

Classification as added shipwright.

17. Every person (not being a recognized shipwright) who, at the commencement of these Regulations, is employed by an employer on work ordinarily performed by a recognized shipwright, shall be deemed to be an added shipwright within the meaning of these Regulations.

Proportion of apprentices—how computed.

18. Added shipwrights shall not be included in the number of shipwrights on which the proportion of apprentices is computed.

Agreements on behalf of Commonwealth.

19. An agreement under these Regulations may be entered into for and on behalf of the Commonwealth by the Minister or by a person thereto authorized by the Minister.

Saving of rights under industrial awards, &c.

20. Except as otherwise provided in these Regulations, nothing in these Regulations shall be construed as depriving any employer or employee of any rights under any industrial award, agreement or determination.

Power to make investigations.

21.—(1.) The Secretary to the Department may authorize any officer or employee of the Commonwealth to make investigations and reports in relation to the observance of these Regulations.

(2.) Subject to the general control and direction of the Chairman of the Central Dilution Committee, an officer or employee of the Commonwealth so authorized may at any time during working hours enter any establishment, factory, dockyard or workshop, in which the shipwrights’ trade is being carried on, and may inspect any work, material, machinery, appliance, article, book or document contained therein, and may interview any person employed therein.

(3.) A person shall not hinder or obstruct an officer or employee of the Commonwealth so authorized in the exercise of his powers under these Regulations.

 

THE SCHEDULE.

PRINCIPLES OF ARRANGEMENT ADOPTED BY THE FEDERATED SHIPWRIGHTS AND SHIP CONSTRUCTORS ASSOCIATION OF AUSTRALIA FOR THE DILUTION OF LABOUR IN THE SHIPWRIGHTS’ TRADE,

1. Added shipwrights, when being engaged to proceed to work as shipwrights, shall produce their financial card from their own Union, and must not start work until approved of by the Shipwrights Association and issued with a Dilution Card.

2. They shall pay to the Shipwrights Association 10s. per quarter, payable in advance upon engagement and thereafter during the first month in each quarter. Should an added shipwright be dismissed during any quarter a rebate of contributions shall be made for the period not worked as shipwright.

3. They shall not accept less than the prescribed rate of wage for shipwrights on any shipwrights’ work and shall be entitled to all shipwrights’ conditions of labour.

4. Added shipwrights must not be engaged for any shipwrights’ work when shipwrights are available and shipwrights shall not be paid off except for proved misconduct while added shipwrights are working on the same job.

 

The Schedule—continued.

5. Added shipwrights shall have the protection of the Shipwrights Association in regard to compensation and trade disputes.

6. Notwithstanding anything contained in these conditions, they shall not have any claim to membership of the Shipwrights Association.

7. A meeting of added shipwrights’ delegates with shipwrights’ delegates and the Executive of the Shipwrights Association shall be held once a month.

8. A meeting of added shipwrights (quota to be left to each Branch) with shipwrights’ delegates and the Executive shall be held once a quarter.

9. Business at these meetings shall be confined to dilution only, and any resolutions carried shall be in the form of recommendation to the Branch of the Shipwrights Association.

10. Matters concerning the Federal Basis of Dilution shall be referred to the Federal Executive of the Shipwrights Association.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.